The New York Herald Newspaper, January 15, 1854, Page 2

(THE LAKE 8503 TROUBL Cur Erle Correspondence, Kem, Jan, 12, 1854. (Andihet Mecting—The Mayor and Mr. Lowry supported by th’ Affidarits of the PeopleThe Propontion of Mr. Metcalf Ra- jected by the Railroad Directors- Statement of the Question by the Brians, dic —The Women of Harbor Creek tn Oppo- nition to the Railroad. [From our Spesiai Reporter. } informed you yesterday that « cessation of hostilities Jhad taken place, and that there was no danger ef any further acts of violence Mr. Metcalf, the only director of the Erie Railroad at presest in this city, made & proposi- tion, which was read at the mee iog yesterday, amd a@o- eepted, by which he agreed, on the part of the company, not to relay the track further ‘hap French street, if the people would offer no oppowition There was a distinct Understanding, however, that (hs agreement was bind- Pgupon the people ovly for fifteen days after the elec Jicr ofthe new bosrd of directors, which will take place Monday next Whateffect this election may have upon equestion, it is imposible to say, The work, as I Jated, went on yes erday and to day under the proteo- Jon of the Marshal, and no oppositi 4 offered by the yeople, nor will any be made, at least while that officer remains here, for they are determined to respec: his office and obey the law. But it ix intimated that after he leaves, the track will be again torn up, if the company should persist in their pus pose, The proposition made by Mr. Me'c:If hes, I am inform @4, been rejec ed by the other directors, and the Marshal Bhs received orders to construct » bridge over Frénch street, in direct violation of its terms. Still, the people ‘will not oppose it, aud their esders counsel obedience to the law and re pect te the: fliciai cheracter of ths Mar- shal, That officer informs me t at the work will be finish ed in two or three days, aud thac then be will retura to Pitteburg To worrow Mr Lowry ani Mayor Kiog are to start for Pitteburg, where they have bren summoned for a leged interference with the Vepaty Marnnai when he arrested Kilpatriok and the o:bers new io joi in chat oity people of Harbor Crowk appear d-terwmined to pall down the bridges shows: they re coustrucced, but they say they will not oppore bas : ly of the false stave ry them by the py ray that they offered to transport passengers at tueir vwu exprnss a¢.om8 the of seven o: wight miles woioh War caused by the tearing up of the track. 1: is ail » tir, they say, about people baving been frozen u a Tasy Unat tue press, aud even rome of the t Iegr ave been “bought vp’? by the Erie Rail osd Compaoy, and that they cannot get a fair statement of their case before the public. Ihave been tola that they sent the pa:ticulars Of it to a certain New York paper, ano that the efitor re. fused to print it. anv that it wa stuff and nonsense about the co:re: pondent of tha’ r baving been served with notice to leave the city. Che Marehal himself assured me that nothing could» mure courteous than demeanor or the Mayor aud. torr citizens tows) that have promised he -bould weet with no oppo: tion, and that many of the statemouis made in the papers Are, 'of his own personal knowle g-. faise @ women of Harbor (reek hel. a meeting a fow days ago, at which four husdrei were present, to protest against the ‘tyauny ’’ to which \he people of that piace Were subjected, auc passed a series of resolationa expres. sing their determination not tu submit. They way if there is peed else to do it that they wili themselves tear op the track. This afternoon avother meeting vas held in the Town Hall for the purpore of obtaining signatures to the sflide vite whica I herewith send you, tsilying to the truth of the particulars stated hoe [Le neeting was oon Vened in the Town Hail, and was presided over by Carson Graham, Esq. There were about » thousand persons pre sent, shovgh but» few no. rs novice waa given, Mr. Lo who bas been su. mond to Pittsbarg slong with Mayor King @ the opj-ct for which the meeting was called He he waated lo got some testl mony to the truth of the following «ti iavise, waich were Toad to the meeting -— AFFIDAVIT OF ME. LowRY, The Buffalo ana Sivi- Line Hail-cad Gompany vs the Oity Of Erie and othe s—Iv the cirevi. Cours of toe United Btates in avd for the Westera Wi Uric: of Pennsylvania. In chancery, State of Pennsylvania, county of Bria, ss Before the subscriber, » Comuusriouer appointed by | the Circult Court of the Usiw stees for the Western | District of Pennsylvania, personally eared, Morrow 8. Lowry, who, after being duly # vurn according to law, did depose and say that on the sixih d.y of Januery iustant, (1864,) between eight and nine ci ck io the evening, af he was returning home frum # social party of friends, he was met in front of Brown’s Hove, ia the city of Erie, by Jobm Jacks and others, who ivformed him that thay were under arrest by Oeputy Mersual Sproul om an at tachment from the United Stairs U ur). tas: at that time | they were urder the chaige of several railroad depend ents, and that Mr Sproal would a0 n be there; that these persons complained of being fo: ced from tavir howes at & late bour im the #veniag, aud bad not sufficient clothing to protect them (rom thr inclemency of ea unusually se Vere winter Digh!; that this depoorat i amediately 10 Off his own ovat ard gave itto Mr Jacks, who pu it o his own person; snd thst this cep neat toom off nis hat and oflered it te the prisoner, who bad ou a esp iadess .t and unfit for such » journey, and which afforded iawath Gient covering for nis bead on «uch @ night; out thet Mr Sherocrne Smith repaired iaamediately © his Bat store and curnished @ pat for Mr Jacks; that this danonant told one of tue other persous who Were present to put on deyovent’s cloak and to proceed @ Marshal, not ovly without reristanoe, bu: witn out complaint, if required to to #0; ta this depo nen: told the prisuners that be deliewed the objec. of tas rat rosd mem was tochafe, aony, yeu apon tne people urtil they would r-siac Jim the ex cise of his duty, or do 62m other ac: which would render them liable to airest and puoi hmect, aui advised pri seners #0 to cendus! themseives as to furuish by their actions or decl: rations no cause of compiaint or arrest; Ceponent, with priecners and there in charge of them and other, went to the office of Messrs. Thompron & Grant to see Dr Sherwin, who it was seid was and found him at said cfflor in charge of » railroad man, who said as ® conéuctor on the Wes ern Railroad; tne de- fena.’?t#, Kilpatrick and others, ssid that from the tone of the veVeland pagers, and from the cvusee paraued by railroad mien, tty were afrai. to go through Cleveland; that they wore {farful of violence to their persons at that plac»; that this u"0Dert assured them that, whe- ther the Marabal had or PA¢ POT UC Ti co take thet or? through Cleveland, he dij got believe Hay Deputy srcise it, irasmach * Mer Marshal Sproul would ex shal Fros: had told “ponent and others that be would Jet any persona fr, Erie weo might b+ committed to his bmn go to P tspurg through Pennaylvaoia, whichever route he (t . vigrshal) might decide on taking himself; deponer’ | then hastily rec uced to writing a request that uld all w defeodants te proceed to ae, or priva’e conveyance, bimself and Ives aud tenderivg security that st themselves up to the court. and not cepal without leave, which request was signed bys umber of the citizens of Erie, whum the <ccasion had calied to- 3 and that alter this or was drawn up and Signed, some one prevent remay remarks which m'gh: be construed into disrespect to- wards Deputy Marshal Sproule, and that ceponen : imme: diately drew up another letter, ored to couch it im such terme that excep be takea to it at about the time that citizens then present had igning the second paper, Mr Spreal came into ihe ‘and that ceporen:, after shaking hands with jim, rfal that they would not fave seen him down town, and that deponent had writ Jen him two letters, and then explained to him under What circumstances they were written ; deponent and Mhers then asked of the Depaty Mer.hal that ‘he promise by Mr. Frest should be carried oat, and thet de- wta might be permitted to ge to Pittsburg, through lvania ; this he declined ; at the suggestion of . Grant, Ceponest then invited Mr Sproul into an @djoinis g rocm, whither deponent, Mr Sproul, the prison- @r, Mayor King, Qcunselior Arbuckle, Mr. Grant and others, immediately repaired; deponent then appealed to Mr. Sproul, on romise of his superior, ani by his feelings as & Pennsylvanian, to permit the prisoners to go to Pitteburg, throug their own State, either by stage or private conveyance; aud here deponent tes that neither during that conversation nor at apy time previous was there any threat made nor any indignity offered, nor avy bat the kindest of lan ‘used ; depooent further says that Mr Sproul thes made @ decieration substantialty as foliews —‘Ualess aceompany me peaceadly, 1 willsetora to APPIDAVIT OF MESERS. ARBUCKLE AND COCHRAN. State of Parnsylvania, County of Erie, a: Wm. G. Arbuckle and John R. Cochran being daly sworn, did depose and say that they have heard the fv re- going affidavit of Wm. B, Lowry read; that they were | resent with him and others im the office o’ Thompson & Erant at the time referred 10 by said Lorry in his afl davit, in the front and back office of Thompson & Grant, and that the facts there\n stated to have taken place in and true; that they were ia whatever was said a contempt of court or a resistance to its offoers could be inferred, and that Mr. Sproul, the deputy marshal, was treated kindly and with respect. WM, G ARBUCKLE J. R, COCARAN Sworn to and gubscribed before me, this 12'h day of Jamuary, 1854. Bxxsamin Grant, U 5. Com’r, AFFIDAVIT OF MR. GRANT. | State of Pennsylvania, County of Erie, ss | Benjamin Grant, of lawful age, a citizen of Erie, being | duly sworn, says—That on the evemiog of the “tn day of Jenuary inst. (1854) about eight o'clock, May Kiag wae in the office of deponent in Erie; sooo after. or while sitting tbere, Dr Ira Sherwin, accompanied by some persons to deponent unknown, entered the office; | Di, Sherwin said he was under arrest by Deputy U 3 Marsba! Sproul, on an attachment for a contempt of | court; the person who entered with Dr. Sherwin said he | whe @ conductor on the Western Railroad, and at the re- | quest of Mr. Sproul bad takem ebarg: of Dr. Sherwin: | that Mr. Sproul was back with Gen Kilpatrick, but would soon be here; ina few minutes J Jobp Kilpatrick, and Arcnibald Kirkpa or together, entered the office, accompan! ors or other railosd emp'oyes; the defesdan's, Mr. King, M. B Lowry, George J. Morton, W. G Ar buckle, abd perhaps others, stepped into a private room for consultation; defendants Kilpatrick, Kirkoatriok, | Sherein and Jacks, said they did mot wish to go through Cleveland; that they were aware that there was a «trong feeling against them and all citizens °f Erie, and they feare persona! violence; that they wilhag to go to Pittsburg through Perpeylvania, but did not wish to be taken through Ohi Ir. Lowry said | be cid not know whether the Mershal bad a right to take | the defendants through another State, but, whether he had or not he was confident he would anvt do it, because ‘bat Marsbai Frost ba: said to bim acd others that if attachment or other procegn was issued for citizens of E ie, thry should be permitted to go through Penosylvania to P.ttsbarg; previous to the coming im of Gen. Kil- patiick Mr Lorry had drawn @ request to thx Dapaty Marebai to silow the deferdants to go through l’ennsyl- venia, and offeiirg to guarantee their attendance at Piteburg, which was signed by a large number of citizens, and some gentleman ook it to get Gen Read to sign it; while be was absent, Mr. Lowry said:— *: Lest tt be under- stood that we are attempting to resist, or the language of Peper I heve drawn bs considered barsb, au’ be mis retoed, I will wi 80 that eur motives ant bat it is pot our intention ef the court, or to ask avy offiver violate bis duty; and, accordingly. Mr. Lowry wrote pnd paptr, ‘which was alye our erou ly signed these hewed to deferdents; it wan sai¢ by sus rersoa esent that Mr. Sproul had come, and he was immedi ly inviied into the roem, and the papers were read to he said he could not consent to ths request; he was tcld, both by Mr. Lowry and Mayor King, ‘that Marshal ' Frost bad said, when here, that if he had ary attachments or other prooess for the citizens of Erie, they should be permit ted to go through Pennsylvania, and he wa- appesled to as s Pennsylvanian to grant request of de fendants, snd not take them into the State «f Oh they were ready tc go; that they has no dixpo.is escape or avoid going; that thev had kaown that the at tachments were awarced ten or twelve hours tefore, and | had made no attempt to escape; Mr. Sproul still daclined acceding to the request: saic his orders were imperative to bring th prisoners; that the route by Clsrelaod was the easiest and best; but said if he could pot induce the defendants to go, te should have to make returp that he bad been rein Mr Lowry then intigoantiy spoke | and raid, ‘Mr. Sproul, you shall rot be psrmitted to make such « return; these men intend to go, will go, and shall go; they will go if we have to carry them on our heads; they oply make this request to be permitted to go through Peonrylvania, and, if thatis denwd thei, they | will go any way you may direct;” deponent then aug: | | gretec that the reads were good, and defendants and Mr, Sprvul could leave in the stage together in the morning; Mr Sproul asked what time the stage left; deponeut answered, atSo'’ciock; he then asked if defencan's vould ivave with him in the morning at 8 o’clock; «eponeot aaswer. ed that they would, and turned to them to confirm bia answer, which they did; it was then agreed and ander | stccd that all parties were to meet at Brown's Hotel in | the morning at 8 o’clock, and proceed by stage, or private conveysnce to Pittsbarg when all separate: tarted, as deponrnt supposed, to their homes or hotels, mutually satisfied, xs Ceponent Delieved, and still believes; the parties durimg the whole conversation stood round » small table in deporent’s private office; be thinks he beard and saw all that was saic and done in room, and so far as deponent saw or heard. acthing was said or dere frem which an intimation could be drawn that resist ance, or objection to defendante going to Pittsourg would be made; no “gg le were used in depo- » beariog, anc Mr wry, Mayor King, George J - and others told Mr. Sproul at the commence: mert of the conversation that they did nut wish | or ixtene to interfere with bis duty as an officer of the | court; tha’ he should not be molested or prevented from | performing his « fficial cuty, but they did req that the defencamts shculd be permitted to start im caylignht, and pars througb their own State, and not be dragyed off ake fel ns ia the ight oy # +pecial train through a 10 ther Sta’e and be surrounded by a lot of ratiroad em i) yes, with whom they did not wish to assoc bat he) hac been guilty of no crime, and this req aest could be g an ec withoa! any interference with bis offinel du tivo @ bomber of sex tlemen, and as resp-sts bie citizens thee cntzy affords, were, curing this tina in the frent office, #toh ard all of whem oxproved a wish i iat tre sencat of the court should be obeys ; but also eed sire that the defendants should be per. iu daylight avd go through Penn vivania kno ledge and recoll-ction there er rotbing iike resistance intimated. aud Mr. Sproul was +d kindy and respectfully, BENJAWIN GRANT. orm to, and subscrived before m* this ibd suary, 1854 8. MygVIN Swern J AFFIDAVIT OF MESSRS. KOCH AND DAV.S. State of Lennsylvanta, County of Brie ss: Before the subscriber, © commissioner appointed by the Cireuit Court of the United States fr the Vestera district of Pennsylvania, personally apoeared A. W. Davis and Metes Koch, who, after being duly sworn ac. cording to law, did depose and say, that they were present at aninterview between M B. Lowry and Mr. Sproul, Deputy Marabal for the Western distrio: of Penn 5} lvaxia, on the morning of the seventh day of Jacuary, ins sss ) between reven and eight o’closk; that they | heard Mr. Lowry tell Mr. Srroul that Dr, Sherwin and | yonn Jackd Were nef in the city, and that Kilpatrick and Kirkyatrick would be there in a few minutes; that Mr Sproul expressed himself as being well ratified with the kind and gentlemanly treatment he had received from Mr. Lowry, Mayor King, and cthes, and said that he weuld proceed in the stage, and that the ssid Kilpatrick, Kirkpatrick, Sherwia and Jacks, might go to Pittsharg ip their own ccnveyance; that they might arrive there by Monéay evening: and that to all this arrangement the said Mr Sproul not only gave his onsent, bat thet he expressed his entire satisfaction with it The naid de- ponents further ssy that the said Kilpstriok ant | others as named above cid stat in the direo- tion of Pittsburg in » short time, in pureuaoos to the above arrangement, and that when they were about to start, the prisoners were informed that a communica ‘deen receive’ by citizens of Erie from tne city then in Harrisburg by telegraph stating of the Erie aud North east Read had offered to bave all proceedings agaiust Kll- patrick, Kirkpatrick, Jacks, and Sherwin, for contempt of Court, discontinued, provided the city authorities of Erie acd the Road C.mmissioners of Harbor Creek would yield certain legal rights which they believe they por: fosr, and that [cing all |, * No,we can compromise nothir g, the whole matter ish the hands of the courts of our State and of the United States; obey all the orders of the courts;’’ ond toat with these declarations the | ers started for Pitteburg; and these deponente fur- ther say that they bave frequently heard Alfred King and M. B Lovry speak before the city counsils, and at public meetings, amd that they have always heard them speak in the strongest Iamgusge im favor of no resistance to the mandates of the Circait Court of the United States, and not only offered no resistance, but advised the people to treat the « ficers of said Court with oe rod Te bit MOSES KOCH. Sworn snd subscribed before me this 12th Januaty, 1654. Brwasny Grayz, U, 8, Commissioner. AFFIDAVIT OF MR. SCHNSIDER. State of Penmaylvania, County of Eri, 48. Before the subscriber, a Com nissioner of the United States for the Western district of Penneylvania, persoa- ally appeared Frederick Schneider, « citizen of Ficie, who, after being duly aworn, did declare apd say, that on the the prisoners Piscteburg in the morning, and report the fact to the court,’ whereupon ceponent indignan'ly replied, by ia timating that th: re was ne occasion for any threat o that hind, and farther, ip nearly the following langu: Viz.:—"That is ® return, Marsbal Sproul, that you never make agsivst an Erie man ; these men will go bare footed to night for Pit sburg rather than permit the rail %& enjoy the triemph of pleciog us in @ posi tion s0 false $0 unfair ;"” depocent appealed to bis a 10 permit the prisoners to enjoy ths few hours bet: t time and morniag with their fa milies, aed to rare them from the jeers, and tanote, and injury which they feared if they taken as prisovers jh Ohio; de; threatemed, mor heard uousuel noise through the ‘t, xcept from ome of the railroad men, who was because he had been diss; ited im the him that defendants Jacks and Sherwia pot yet come, but he had no doubt that they would Foul proceed ine tage then randing st tbe Gooy aad standing a oor, That. it wes understool’ and arranged that sotendants should follow him Private conveyance aad overtake him at tone hour after Mr. _ started, vate conveyance, the direction ar ponent they went ponent believes that the defendants make resistance to the Mar- bal, mor the orders or decrees of the Girenit Dourt of it were anxious for s few heurs of time articles of clothing, and to wnake some ts, in order to leave their families ing, Seeks absense; end de- ape pe ime he not rest the a. of the process of the United States Court, nor did he at other time, has he at any time ai ied, conn. Shee emncrerss © to piv 2 aber and in Piocsstlied and sveros eubmission and o| mandates mad ofl ser: the Cireult Court of the United Staie: at ai tim 29th day of December ult. he was io Cieveland. [i was expected in Cleveland that the United States Marshal for the Weatern district of Pennrylvania would pass throug’ re soon with citizena of Ere under arrest Deponent was at the 8t. ir House, in Cleveland. Deponent heard | wrongr © hi | complain of the wromg eon | them (Cri and Erie such of sympathy that quite un- mere ne ra antes perrecution to which I am sa jected that deters me—it is the kindness I hive re- ceived that kille me, Bat oppresat reasut—tyr raovy forever resist. No matter in ape it comes, wheiber in your own coun'ry or from a foreiga enemy, Theg cf you aa men to reaist it. (Cries of “We will} Never let tyranny, whether in the hands ef four or five railroad directors, ride over you or deter you from doing your duty like men. That a system of petty tyranny bas been forced upon us is unquestionable. These railroad direetora come to us with swords in their hands, and or no law, they will have their way way to talk to freemen? No;and! am proud y their conduct never will be tolerated. L leave it asa} with you never, as long as you Yourselves men, never sllow such tyranny to oppres# you. Conform to the law. Mr. and myself bare ever seke! you todo anything else; but we come here to ark you te sastain the iaws of Pennsylvania aad the ordinances of the city of Erie. Mr Lowry mace a few remarks, io the course of which he eaie th hed seen @ thoueasd men weep at the bad been committed w) them by the reiirced company, yet these mem, although highly ex- arperaved, anc with amu in their bands ready to aveage them, cixpersec quietly ‘© their homes without oommit- ing any aci of violence He bad also seen three or four | hundred wom eu assembled, and had heard them say thet they never would allow them to lay that track down, snd that sooner than allow them to do it they would ‘ay ‘beir infants upon it. Mo long aa he lived he would up- pore the encreechments of incorporated weaitn upon the rights of the people. If prople would not be permitted to speak thetr seotunenta the sooner revolution comes the better. The man coes not live who could say he saw him move ® rail om the road. and yet he was to be imprisoned supply becaure be complained, and had never cessed to mitted upon this community by the railrosd men. knew that the prople of this r would submit to what these men ssked of of, *‘No—never!’’) And “‘if that was treasen, Jet them make the most of it” conclusion of Mr. Lowry’s remarks « large persons amor g whom were many of the most respectable citizens of Erie, came forwa:d, and in the prevence of Benjan.in Grant, Esq , nero Deeds, swore ‘o the truth of the statements contained ia the aflidavite Af er thi connty ne: By table w culty, and they merely wiah that the puolic ahall hear Doth ides of the question and cecide upon its merits:— ‘THE ST.TEMENT OF THE BRIANS. There are some ponte in the controversy between the ralroad com paries and the citisens of Evie and the town- hipof Herbor hich The general charge veints was tore up by @ mob vielently and rathies#ly, and wilbcut even pretence or eolor of law This is a great nistabe which the press—that has spread broadcast the charge—shoulc hasten to correct. Tuere hes been no cod here, in a legel Or any proper sense of the word. ‘here bas been excitement, at times very great, and ander very great ause of provocation, a4 the people believe, but po outbreak: ali as yet has been done, unter the Cireetion of he city and towrsbip authorities, in the or. dinary way, and ov the proper officers, and nothing hi bern cont beyond what counsel Jearned in the law hay advised cond be dor ally in that way. But bow it msy be asked, could tae authorities of Erie and Ba: bor Creek tear up the track of tae railroad when it occupirc the public highway in the later, and whea it crotbec the +tsee's of the former, The reply is, that it is one of the leg» | ways of abating ® nuisance, and if the railroad com vsny had no legal right there, it has been legally removed. There #eeusa to be no dispute that it is & 86° to pripel)le of the law “that @ public naisance may b+ #b.tec by acy one,” but the railroad companies claim tt they are an exospiion. their roads being Inid vndcr color of law, can only be removed by indictavat eu throogh the courts, This claim of exeeption ia co rive by the people, anc is said to have been expressly overruieo 14 is¢ casein ths Supreme Coart of Peon wy Wanda. where it was gheld;* that af a railroad be led we urder circumstancer whica make it a nulsancs every citizen bas « right to abate it.’” Thiv, then, i# the position of the people of Erie and Har. wor Greek, They claim tbat the Srie aa. Northeast Kail rund Company fei appropriated and was using their pablie bigh~ays and streets without authority of lew, apo tw such ® ¥ay ax to make it @ nuisance Witaout Wailing the \ecious delay of @ court they proceeded to abate tne ov vance, under the command and direc'ion of the pri per city aus township officers, taking the respon bikty ct makivg out the nuisance if Bued, From this it wll bs seep that itis a question of legal rights betwesp the pe ple and the company, which may, for # Jopg tine remain uacetermined, Tee mein ‘acts of the case Dave deen often stated, but | it mas not be aimics to restate them, ia connection with the legal \onitious und elaitos of the parties, aa hereinbe- re tet fort The Frie and Northeast Railroad Company was charter- ed im 1642, and authorized to construct a road from the borough of Erie to the east line uf Nortseast township, which i+ the state line civi iog New York and Pennsyl: vania Thin road was not commenord for several years after, anc pot until the borough limits were largely ex tend When oommenoed ite term tous in Erie was fixed about righty rods south of the old borough line and within 'he ivcreased limits, and nearly a mil from b+ harbor, This created much dissat the tin xa Lo permission was given to cross and oxcu py the et et» im thisdireotion, an 1 ne obj: ction was made by tre mur cipnl authorities, as the railroad company Premieres to extecd and copnect it with the harbor and shipping ard wax ip eontrect with the rie company 0; which that great road was to oe ex 46 to thie pert hi- contiset, which promised so many advantages to Erie ou ehich, f carried out, would bave induced al- Mort © #7) munieipel grant or permiasion with n the pow- erci (be cs porsuion and citizens, was fiea)ly brosen off, ppd ‘com the emaly a -proseaes of #9 unsuthorised mad vnine ul rcad ‘rom the West omitiag in the xamy depot 1ircOn became appercOt UAT partion comer ling (hese vede hidgs were not looking to benefit Erie, but to form © fort + Trup .suctlet, Ubroags which the trace so* travel could be run through Pewmylvapia without avy consider stion of pregt or convenience to her citizens To preveat this unfair game, and to compel a connection + harbor.aud other just arrangements towards E ia, 2s arkac for end pawed. Thi+ for a time, ckmated the players—bat only for s tima t toeifeot ita repeal and se is contract to scompany of Pann- fift) toousend dollars. Whether it waa ef- fected by wenne of | his n oney or not, is not inpcrtantto the question apy farther than it became another exciti esuse 0’ grievance to this pe: ple. It wae repealed, a1 se early as J.ty last demonstrations were made towards tke coraugma ion of the project by the change of the gavge of the Erie and Northeast road. The city of Erie at once protested, and enacted an ordi- nance authorizing ard directing its proper officers, in case the chanye was attempted, to remov: the railroad where it crosted the streets of the city; and of this ths railroad company had due wotice. The city claimed the right to do this because the sompany was within the city in ite present location without autho of law, the legal termi- bus being the old borough line, which the company avoid. ed. They elaimed fi rther that in ease the company hada right to ite presen location it had so laid its road as to make it @ nuirance, by crossing several streets from ons to three feet above grace ant bybridging over two others with tresslework, and cae so low as not to admit an ordinary Josd of bay under t\—ard these, too, among the x ost im- portant and leadir« stre:ts coprecting with the country. Tour matters ;emained until the company actually com- menced the change, wren the Mayor avd City Coungil, kylvapians | end other oflicerso the city at about eleven o’¢ ook im the day, repaired to the railread and, in the presence of most cf the of izenr of Erie, removed the track across the streets be ore ramed. I: was all done peaceably. quietly and orderly—vo violence, except what was caused by the offensive and insulting ect of an offic al of the company, who come out with pencil and paper to take down namer, Like all informers, he excited resentment for the moment, ond was pelted with eggs. It way be preper here to state that it is claimed by the oa ple that the powers and privileges of the Erie and Northeast Company, in relation to the highways, fe very restricted and limited. Susb seams to be the ease, af will appear by reference to the seventh nection of thesct, which is in these words: ‘ The eaid railroad shall be #0 constructed as rot to impede or obstruct the free use of any pub ic road, atreet, lane or bridge '” Kesping in view this provision of the act, we will state what we understand to be the porition of the Harbor Oreek people, The railroad from Erie to withix a short distance of the State Hue in laid perfectty straight. Abc ut six miles from Exile itcomes in contact with the great travel- led road leading up and cown the lake, aud, ranning the KAKA direction, dontHours alot, side and in it for about mile and s half, in one place running iizéaly along '* a4 occupying ite bed for about sixty |, and the whole dis tance in such close proximity as to be dangerous. The people of Harbor Creek objected to this location, and Ubrough their proper officers a0 notified the company, im writing, before the road was laid. They have ever of cbjeoted, and rever did give consent in any They clsin: that this occupancy of this pablic highway, in a thickly setiled neighborhood, was not pecesary, a8 well an being unauthorized by law. They claim, and such is urdoubtedly the fact, it being an open, level and cbawpaign conntry, that the railroad could have been Cifferent pers at said’ public house make threats of persoral violence against said citizens of Erie if they were brought to Cleveland. Some seid they would eg them, rome said they would stone them, others said they would kill the mobites. It was said by these prrsons that , of the persons present were ¢m ployes of the ¢ifferent railroac companies im and about Cleve/and There was much feeling and much excitem crowd of ony citize: theough Cleveland by the United States Marabal, or in any other manrer that would have drawn attention to them, pers nal violence would have been inflicted upon poy Loo nomlagacd limbe or lives would bave been safe from injury. F. SCHNE.DEB. Sworn subscribed before me, this 12th day of Janu: ary, 1854 Baxsamty Grant, U. 8. Commis! oner. the affidavits were sead, Mr. Lowry eald that Deputy Marsbal Sproul, who had served the sam- mone him, bad been guilty of an act which the ruffise would have been asnamed to commit. fivhaa gone to his (Mr. L.'s) house, while his wife was Po Moy eh 5 and said he wanted to see her. ‘Buree told bi t im consequence of her extreme ep Bone of family even would be allowed into room ; or next the eo aa follows :— afternoon. of oy thy T ex bave received has unmanned me. Dara had onaieradig a The persons most ai atare Mr. Lowry and my: presume we it as much as T hope #0 at least. But there is an sfidavit and I ask every intelligent man in this audience {* he ever heard Mr. Lowry or =r self breathe « word arging resistance to any law in country? Have we nct advised you over and over sgais to com mit wal act, bot te stand up like men for the «and the whole couwtry ? (Oriee of Ve newer asked you to do anything else, peo in tyec unt: +f Erie wko cea m be tal eecid Toan'eray mach, bat the reason Ia a bistle ope: Iwill, howevar, * Te Tambo @ | Jung Kan, and d mare Leveled icou Ke povple of K.lg | suoereded, With mush dilealty, kept out of the public bighway, seeking its direct by @ sirgle curve at come suitable point, leaving she railroad for ail practical purposes equally as good as at piesent, and this great public bighway of fifty years standing unobstructed This statement hows a real grievance. and one which the compe ny never should have inflic ed for the mere pride of an air line road. There is nothing substantial and necessary reqoatring it or justifying it. Bat it may be said, gd have these ple suffered a nuiranee 40 long, which the courts ceuld have removed on spplication? We cannot ray. We suppose, however, they wore afraid of sescciated wealth, and only plusked up courage when their peighbors in Erie entered the fight. We ere told, however, there is another reason which they arsign in common with the citizens of Erie. The six feet track was a popular proj-ct with all the ple, avd if the New Yerk and Erie had been extended a) almost any inconvenience in the public highways wou! have been submitted to; but when, ix of this, the four fest ten inch gauge was to be substituted ass mere convenience to other States, the case was alterod. Ie fact, they elaim » gross breagh of promire. Ly occupancy of their pnb! bighway, they saffered { alee Of & ake tre | under the promise of » six foot rea wh co fromlon was broken, they removed the ie Bp #0 far only as it actual ipied the road. | e of Erie and Harbor Creek ret ox 4 ly pa ted to the travelling peolie vat they claim it {ie not their fault they could not submit to sue! insults and injuries, aud feel that if they had they would have been of the sympathy and ood of their fellow citizens, which ‘end fy st in for standing up fer right, for leading off in this figh! assosiated monopolies, which sooner or later will fall apon all, NEWSPAPER ACCOUNTS AND OPINIONS, (From the Cleveland Plaindealer, Jan 1i.} Intelligence from the seat of war continues to be of a startling mature. We learn that last night » mo>of about one handred al aarembled ot ihe Six Mile Ureek bridge. yy Rrie,) and ogee rome of ita tiinbers with ¢ar- P*Betore tbe famaee bad. however, got bayond fore rer, a ponee of railroad men arrived, drove the Gem off tat to putting the fire ont, ‘thus saving from destruction one of th» finest bridges om the road. On Monday night, when the mob attacked the depot, Messrs. Tracy. Lee, Moxparren, and Hart, as we last evening’s Plain Dealer, were driven out cf the bui ing and cbared We are since informe tlemen were followed by the iufurie'* rasci Brown's Hotel. Here the tered, flung pen the doors, and stood ready to receive their puranere Mr. H. L. Brown, of the hotel, aleo stood reay to sssiy) im their defence. “Now, come on,’’ they shouted to the crowd; but the crowd didn’t They well knew that the first mao move Sheriff Vincent, (who, Mr. Thayer informs ua, has acted the man éuring past forty-eight Kours,) in the mean: nd «id wil in bis power to pacity the al arrests. The p isomers were, 20 rescued Sheriff Vinceut then swore tx several depu- ties amongst whom was Mr. Brown One of the rioters entersd the hotel. Mr, B. immedi- ately took off his coat and vert, Inid aside his watoh and fob chain, courage nsly reized the rioter, an’ mu in takiog him to jail, where be was soon under lock and key. Mir. B deserves much credit for his course in this in- stance; he views the outrages of the srisna in the proper ght, and we hope “outsiders” will remember hin when they visit the town. Lart pignt the most outraveons threats were made sgainst Mr. Tracy, in case he began relaying the track this morning. Tracy immediately went to 4rown’s Ho tel, where he remained until | o'clock last night, and then went home, accompanied only by three other persons. He was not touched, nor any a'tempt made to injure im, ‘This morniog, bet ween eight and nine o’clock, John F. Tracy, with bi borers. all under the supervision of Usited States Marshal Frost, went to work at the track. They began at the jepot, working east. The mob assem: blec sent word to Tracy that he might jay the track as far as French street, if he would agree to stop and leave the balance in its present condition until the decision of the ceurt in May. Mr. Tracy replied that he had no authority to enter into any such arrangement, and proceeded with the work. This toob place at baif past ten this morninz, and the reply causea the most intense excitement amongst the rioters. [From the Newburyport Herald, Jan. 13 } The Erie railroad troubles are attracting the attention of Congress, on petitions from the Westen States that fee) aggrieved st the detention in travelling, at that point — We do not perceive what Congress oan do in thet matter, though {t may bes greater! Itis nothing to Congrera whether Pennsylvevia will allow « railroad in a certain direction or not, or whetber «he will revoke aay cbarter she bes given, or not It has een represented ‘bat the Erie people were unreasonable io their demsnds, and bad commit'ed gross outrages, ax some bave been dis- pored to say. b caue they wished to stop ‘he cars there im order to rell the pansengers pies, pea nuta and segara They may bave \one wreug in a0m- particulars; but uatil we knew that they were wrong we would not believe that an entire people, headed by the Governor of the State eould perform such acta withon' causs. It appears now from Gov. Bigler’s mensage, tha: the railroad company sever had apy legirlative grant to construct such & road as they had, ani therefore ‘he road had no legal existerce te begin with;-tbat the track of the railroad ;auge was vot broken by the act of Penu- ylvan's or the Erie people, bu’ from the fact that there difference ip the wiath of the Onio and New York roeds, and therefore it must exist someehere Erie wished {; to be there, as the tra:shipment of goods would benefit them and the Pepnrylvania roada, while Buffslo withed it to be there, for her bemefit, As Penn- sylyania holds key to communication batween the Fast and West, we cannot y she aboald not use it for her advantage, when can do so without creating additional trouble toothers, If #hi this break to be transferred to Buffalo, it will bea blow to Evie; and the E ie pe: ple feel as we should at Newburyport, if some change was to be made in the Kastern railroad that would carry sll the business of the place to Portsmouth, and knock Gown the value of property full fifcy per cent If the astern ratroad could ¢o that tnivg. and it bad no legal right to pat do vm {is track through this city, we can judge how long we shou'd be in pulling up the rails and throwing them into the Merrimac river. Tne Penn- syivaniars are doiny about what many other people would do in like cireumstances From the Dunkirk Journal, Jan 13} den of cum;laint which comes up from +r papers, pudlisbed letters from her op ne, &c., is the persecution and opposition ot mark nd.” W * been 4 ou! to her, from “ the rest ith what reason thic ecorstant whining is hept up, propose briefly to examine. It iss fact well known to the citizens of the aunercus small cities, saying nothing aout Buffalo, Cleveland, Chicago, &e., that Erie has, from time immemorial, received more fa: vors in government ex,endituree, then avy other Jocality 6n the lakes Without the pouseasion of any ergy ond business reputation ber citize wealthy from @ participation in the heavy goverament expencitures which have been di-bure«: there for a series gf years. No other point om the lakes bas, as yet, been eemed worthy so marked @ favor from government Here the whole navy of the lakes bas hailed from, andda- stead of seeking o'her and more economical loca.ities, goverpment has from time to rime ordered the construc: tion of stesmerr an} vessels at Erie, ata cost, in some in stances, ot least twenty-five per cent higher than offers from other pot: ts on the lake. in barbor appropriations, too, Krie bas-participated to s far greater ex'eat than any other harbor op the lakes, in proportion to her exports and imports. Thus, by a favored system of expenditure: o the part of the geverai governwent, have her citizens been epnbdled witb but little busin: as tact to become ‘well to do in the world,” and thus give to Erie quite a reputa- tion ma a burinens point, Bu‘, ar the various sod extenced lines of thoroughfe-e which came into evistence within a few years, begin to sork their vatural points for business conmectisns. tide bere eecdowy ‘oruet axice, to mak tor those cf her nevghbors who hsppen to pos cenwary busicess adveniages In this f sled the real cause of her recent uniswful anc disgraceful acta, The herbor of Erie being illy adapted to railroad foterasta, 60 far as a lake cosnec' io: uniformly refused to enevun’er the imme: necessary to form such a connec ion Io 0: Erie, by theti bat tuey wil, by the force of Lynch law, ¢ jptain @ barrier to the natural course of travel between the great West and Kast How far and how long they will be able to succeed, can be more definitely deter- mined when a score more of ber citizens are sent to jail. oe @ pupishment for their riotous acts, Because the spirit of the age, in opening new lines of communication, seeks, at the same tims, those which will afford the surert return for ospital invested, is, in oar opinion, the very reason why the people of K-te shoulé acquiesce in its dee-ees, instead of being @ proper eause of complaint, as is claimed. LN have Fria room Execution of Andrew H. Trayer, in Staun- ton, Va. On the 6th inet., Andrew H Trayer, convicted of the pointed < b heats eee in se the penalt; death by . Henry T. jon, fer par- Reine ton ip the crime, nore to bay Yl been bu t the same time; but a we have before anronaced, he obtained & respite of thirty days from the Governor. The Vinai- cator, speaing of this, sa) s:— + On Tuesday morpicg last, @ messenger was despatched with the proper papers, and as letter ‘from Judge Taomp fon, stating that he (the Judge) believed the prisaner ailty, bu: had be been a juror in the case, he sould not ay oided ente taining a ‘rational doubt’ of their guilt, from the evidence The bearer of the despatch ob- tained ap audience from the Governor en Tuexday night. The G ‘nor told him he bai sent on a respite for thirty aye, and he would examine the evidence in the iuterme diate time, Without stating that the package contained papers bearing en Trayer’a case also, young Wilson, the menenger snd the nephew of the convict, left the doou- ments unopened, acc burried back to Stauntom. The probability is, that Gov. Johnson bas not, at tais writing, opened the package, and consequently Trayer did not ob- On the hight ion, Tre @ night previous to the execution, Trayer si & written protestation of inmocence, which the vinhoos tor gives in substance, as follows:— posemaly Sesl Monsignor Bedini and his O«lumiator, Gavazal, in th United States. 8 brew & little too ostenta- pagandist, hax been @ Little too vio ent ‘ating power ix the tem perate firmness of the suthorities, the judicious forbear- ‘ance of the American press and American common sense. uninflaeneed by ecclesi rolers or politicians on either tide. —N, Y, Huraup. Dec. 28, 1853. TO THE EDITOR OF THE NEW YORK HERALD. Sin—My attention has just been called to the article | from which I cull the extraet quoted above. Init, | speaking of the attempted riot in Cincinnati, you as- | eign asite causea chronic state of religious bigotry and fanaticism, shared pretty equally by Catholics as well as others; and you conclude by saying that “ Dr. Bedini has been a little too ostentatious; Father This is, no doubt, Mr. Editor, the most convenient way you had of glossing over an oatrage unpro- voked on the part of those against whom it was di- rected and encouraged, or at least eonnived at, by a considerable portion of that ‘‘ only moderating force, the American press.”’ The firat sentence I have quoted from your paper is a little too vague in its nature to demand refutation. I think, however, that its trath could not be easily established. Mons. Bedini is charged with a special mission to the President of the United States, and bears a letter from his aove- reign, Pius IX., in acknowledgment of the diplomatic intercourse entered into in 1848 on the part of the United States, and till then unreciprocated, owing to the convulsions that have occurred in the Roman Btates. He was also charged in a different capacity: with the duty of communicating with the Catholic Bishops of the United Statee, so as to obtain a more particular and intimate acquaintance with Catholic affairs in America. In pursuance of these objects— the first of which has been several months before announced in due form to the government at Wash- ingtor—Mons. Bedini landed at New York on the 30th of June. After remaining a few days in that city, almost unknown and unnoticed as far as the public were concerned, he went to Washington, pre- sented his credentials to the Seeretary of State, his letter to the President, and, after a aojourn of some days in the neighborhood, visited paaiee privately and unostentatiously, on his way to New York, the cities of Baltimore and Philadelphia. Arrived at New York, he accepted an invitation to proseed t» Milwaukie, and started immediately, before he had been twenty-four hours returned. In the meantime, let us observe the conduct which in “ Father Gavazzi, the propagandist,” you charac: terize as “ a little too violent ;” and we may find that, however little that violence may have been, it was not the least of the elements that hare led to those frightful results. Some time about the Ist or 2d ef June the Hegaup gave a report of F’. Gavazzi’s lecture or address in Metropolitan Hall, on the occasion of re- ceiving a gold medal. Therein it was stated, (I quote from memory) that “in conclusion (tavazzi warned his hearers against Mons. Bedini, who was expected in this country. He (Bedini) had been in- strumental in bringing about the condemnation and execution of Ugo i, during the Italian revolu- tion. He warned them to be particularly on their uard against the encroachments of Jesuitism, the foorease of which the arrival of the ‘assassin Be- divi’ in this country, evidently showed.” Here is the first word spoken in public about Mons. Bedini. It ‘was not noticed in a single Catholic journal. Mark, too, that the death of Bassi was at ths: time accompa: nied by the exciting adjuncts of scalping and skin- ning. Some time after this, Gavazzi returned to the subject in another lecture, wherein he said that by order of Mons. Bedini, the hands, and I think the bead, of Bassi, previous to his execution, were gashed with knives. These charges were repeated in subse- nent lectures, and a low print callod L’ eco d’ alia,” brought in its help to the charge. In the meantime Mons. Bedini was pursuing his voyage, meeting—as was natural in the representive of the man whom so many Americans venerate as their spiritual head—with kindness, attention, and even enthusiasm. May Protestants, also, thinking that it was pot altogether unworthy of civilized people to treat with respect a foreign representative, showed | ee courtesy tothe Nuncio. About this time, Arch- jishop Hughes, who had accompanied the Nun- cio to Milwaukie, having promied to preach at the dedication of a Church in Saratoga, prevailed upon Mons. Bedini to accompany him thither. This became known, and Gavazzi was actually sent down, “ specially,” from New York, to bully him if ible. ‘Che Nuncio arrived there on the 13th of August and remained there until the 22d. During these eight days he made no display wt all; whatever share he had in the proceedings took place inside the charch. Garazzi, however, hela forth in the open air two or three times, and devounced M. ‘ini as a “ butcher, assagsin,”’ etc ; acc nsed him of ovalping and Hoyluy Ugo Bassi alive; of having presented the head of Bassi to his frieada on his feast d2y. The Catholics took no notice of there lectures—although many went to hear them— and things passed off quietly. Thence the Nuncio went to Canada, where he was received wito great honor, which he had so lite sagt in toat it had been his intention to remaia in the British Provinces but afew days, en pussant. APG 3 Whilst in Canada, the Nuncio received intelligence of the assassinatiun of the young man, Joseph Sassi, who had previously acquainted him with a plot laid in New York is life. This intimation was in the first ce, passed by, little noticed, and hardly believed. When, however, it was ascertained thatthe unfortunate man who had betrayed the assassin plot had really met the fate he declared hung over bim, in case it were known or suspected that he had betrayed his accomplices, the msttertook a more serious form. Investigations were commenced by the New York police, and the Nuncio, thinking that the information he had received might be used against those who had See to take his life, wrote a letter to the Rev. Mr. Carwin, of Hoboken, full of charity and forgiveness; this letter was pub- lished, contrary to his intention, and was met by the press with sneers and derision. Let u3 ask, sir, whether the little too ostentatious or the little too violent conduct was the caure of these events? After some stay in Canada, the Nuncio visited Boston, where he received much private hospitality. On his way thence to New York, he blessed a church in New Haven, where I am informed he was enthu- siastically received. After ashort stay in New York, M. Bedini went to Buffaio, where at his express re- quest many Tie demonstrations were aban- doned. Again he returned to New York when the consecration of the new Bishops took place. That was certainly a splendid ceremony; but none of the New York jot 3, except the ephemeral piece of scurrility called the Crusader—an organ of the Italian secret societies—saw anything in it to comment on, otherwise than with and decorum. Laterthe Nuncio was invited to visit the public institutions of New York, and I am not aware that anybody but Gavazzi and his eg, bern felt themselves aggrieved by that proceeding. During allthis time, however, al- though all the jolic and many secwar journals had 64 an was killed; I never owned # claw, | A eH Say Kinde . The Ceclaration goss to state that he was thé victim of ® prejudiced community and parjured witnesses That though such was the case, he freely forgave all, snd would die in peace with them, gpd be hoped in favor with God—that he wes whos © stake bis eternal sslvation on his inno eree, Avout 12 0’clock on Friday, after earnestly e2- gaging in yer, the prisoner was teken from bis cell to proceed to the gallows. Refore leving the jail, he stop- ped at Wileon’s ooil. to bic nim adien The acene is said to have been very affectiog; big tears gushed down their cbeeks ar they clasped each otber’s bands, and manly hearts sympathized with the poor fellows, whose brief future was so full of dark and terrible shadows As they parted, Trayer exclaimed: “Farewell, my boy; we shall n-ver weet agai in this world, but God will forgive sll your ains std our happy epirite will meet in eteraiiy, tele ap — a ss dae wah @ priconer them entered the wagon, accom) clergymen, sheriffs and others, cod was envertea to the galiows by a military company. A’ the place of exeeu- tion, abowt a mile east of Siaanton, come eight or ten thousand perrons had assembled, including at one theureand females, After prayers by Trayer stepped forward and aged the immense eon course for about fifteen minutes, aaseverating (says the Vindtcator) bis own and Wilson's innocence, stat that sixteen witnesses had sworn falsely, He ment seve. ral names of witnesses as those who bad perjared them- selves, He alio said that he believed Perking was inmo- cont, and knew of the murder, But the sud. stance of bis remarks is the same as that given above. After he had finishes his remarks, and bid a end last farewell to namerous acqnaintances standing immediately sround, he said to M. H McOue, ‘Come on.” The rope was then acjusted about the prisoner’s neck; and in scoordance with bis requests handkerchief beand over bis eyes in place of the cap. His limbs were bound, and he was dressed in his usual suit of black. At twenty- five minutes pant one the drop fell, and the spirit of ‘Trayer took ite flight to the presence of Goi who gave It. Be met bis fate calmly and composedly, aad if, as he y he was an innoceat man, far better will it for him in the world to ceme. The second act of the terrible 2 shown Gavazzi's accusations to be it calum- nies, he continued to repeat them, thii that his bare assertion would be suflicient to outweigh the evidence either of persons or averments. Little more need be said of the Nuncio’s tour. He visited A'tany, Ties tectrevilagniet a on tte © Suere uietly; 5 which the same may Paid; and Cincinnati, where soemtued posal ‘osmearzate hil, om eas ermine! le i . Some before his arrival, their organ, the Hockwaechter, ublished an article of a column, in which the fol- aie language was used:— : “Thus and no farther! The Wahrheits freund communicates us in his last number, that Archbishop Bedini will visit Cincianati in the course of i the whipper of Hua- where the cham- the week. Haynau, garian women, came to London, pions of freedom had found an turned to bis black yell dragged to the und. dost thou call it when the Butcher of carries home his unbroken limbs, his life, from the republic of the stars?” * ever the cpp tunity for ree itself it should be taken bold of and used to the utmost. The sons of Italy are too thinly scattered among us to fa the blood-hound of Bologna for his dark and bloody deeds. The Yankee has plenty to de with speculation and money; the Yankee possesses neither feelings nor ritci: do not counton the Yankee for Tevenget.*,"". Do nok count upon the Ira ‘atric! * * * Germans, you are called for, ‘Thus far and no farther! On to revenge a murdered nation is the duty of every other one. Down with Bedini ! The Wahrheits freund smells a rat. He thinks Bedini is not safe. And, in fact, he is right. * * “ Thus far and no farther!” These may be Gavazzi, the propagandist, a little too violent.” | ee ublic journals. Ard yet there are those who make em res) ible for te has happened. If there ig any truth and justice in the world let it arise ang come forth. Before you png te cast. shame upon the Nuncio, bring proof of his ostentation, lit or great’ He has more than once addressed the American people; and I have even heard him exhort his hearers to muke a good and temperate use of the liberty they enjoy here—to be good citizens as well as good Catholics—to treat with charity and love thoce who differed from them in religion. “ Look wt the published report of his speeches, if you doubt what I say, and find, if you can, one sentiment of an nate bature. avazzi has addressed the American people, and has called for war on the Catholics—on the “mon- ster Bedini,” on the “Papal hyena,” “beware of the cross,” etc., eto—sentiments to which the public pores have taken care to o, sir, Mons. Bedini has courted no publicity; he bas done eng in ‘ Catholic sees in him the representative of one on whom every Catholic eye is fixed—to whom every Catholic heart is turned. They view him as the embodiment of an influence, but not of fanaticism; of # power, but of one that divides not his allegiance from the country, any more than the planet in ita orbit interferes with the glory of the king ot day. If any one is called to account for the honors paid to the Nuncio, it is the Catholic population of ‘America; and they surely have as much right to honor him as their fellow citizens had to honor Kossuth. There is a difference between the two, however—tbat while Kossuth became napopolar as he was better known, Mons. Bedini will be honored by the American pene when they are made ac- Stdeoce ogo through the cfvtopesiod.slenderia atience to go cre} jane Fetal Bat let Americans reflect that M. Bedini ix accused on the authority of Gavazzi alone—no doou. , ment or other evidence ever having been adduced in support of the charge—that it was never heard of until his arrival in America was announced. On the other hand, it has been frequently denied in the public journals, by men who had every opportunit; of knowing the facta, and no interest in misrepresent ing them. It is a matter of history that Monsignor Bedini was civil reprerentative of the Pope while the Austrians had neon possesion of the Four Lega- tione, in which eapacity he was no more res; jomgible for Bassi’s execution than the Judge of our Supreme Court isfor the conduct of criminal jucges, since prisoners of war are amenable only to military au- thority. It is a matter of history that Gavazzi in London denounced the Austrian General as the au- thor of Bassi’s death; and I remember distiactly having been in (taly at the time Bassi was said td have been taken prisoner and shot by the Austrians, Aa to the scraping and flaying, with which Gavaz- zi charges M. Bedinias a circumstance connected with degrading Bassi from his sacerdotal office— first, it never took place; and secondly, if he had been degraded, Mons. Bedini could not have offici: ed at the ceremony, not having been bishop unt March, 1852—two years after Bassi’s death. Again, the ceremony of degradation does not, and never has, consisted of scraping or flaying. The of it turned by Gavazzi to this account, was that of tending to actape the palms of the hands, to sym- bolize the removal of the holy oils from hands stained with blood. It is absurd to say that the’ skin is removed by this operation. This ought to be enough to convince every one of the falsehood of this abominable calumny. At least, let the matter be examined before a condemnation is pronounced against an innocent man. Gavazzi and his friends are perpetually accusing the Holy See of craft and cuvning; and yet, with strange inconsistevcy, they would make Americans belive that Rome had been‘ guilty of the impolicy of sending here a man of such antecedents as those falsely ascribed by them to Mons. Bedini. Permit me a few words now concerning the setond passage I have quoted from your paper. Up to this time the “‘cemperate firmness of the authorities” de- serves commendation, and not the reprobation it has received from some of the public papers for not per- mit‘ing the German Freemen to burn the cathedral and murder the Nuncio. The preas, I am grieved to fay, has not done its duty. It has, with a few honor- able exceptions, published aud republished the calumnious diatribes of Gavazzi, whilst not so much - ‘as a doubt has been thrown out of their truth; nay, such a doubt, expressed by the New York Courvr and Enquirer, bas been met and silenced by the clamors of other editors. Of American commor sense I entertain a high estimate—let it be ig to bear on this matter, and I fear not the result. Let it not be said that a single buffoon can gull an - ligent ahd educated people. History will one pronounce its verdict, when the hearts tlat beat how with prejudice and passion are cold. Union was once a stranger in the ranks of nations, and struggled to free itself trom oppression and mis- representation. Let it, then, extend to a stranger, who has naught on his lips or in his heart but peace, that justice and protection which it s its glory to give. A Lovar or Justicz anv Tauri. State Military Convention. {Fr m the albavy Jouroal Jan. 1 1) The Association led at Association Hall this moming, wheu she Committoc on we C made a vot Dat report recomending the Sens'e bill 1t passed at the last seasion of the Legislature, with some slight alterations, which could be mae by the“ committee in the Legislatare. The report of the committee was pore and the code recommended to the favorable action of the Legislature. * The Association met at the Assembly Chamber last evening. The numbers of showy uniforms, glittering in the gas light, presented an unusual spectacle for that locality. Many of the Legislators and the Com mander-in-Cheif (Gov. Seymour) were present. The Governor some pertinent and encouraging remarks, after which Gen. Duryea, of Brooklyn, de- livered his address. It was a well-written and ear, nest argument for the encouragement of the citizen Bol who, as he justly claimed, are the only sol- diers that cannot be accused of fighting for pay, for booty or for military aggrandizement. Their ser- vices, unlike those of the “regulars,” are always ren- dered on the side of Law Order, and from patri- otic motives. A vote of thanks to Gen. D. for his addreas, and resolution that it be printed, were unanimously adopted. The association reassembled on the 11th inst. The discussion on a change of dress was resumed, but no action was taken upon it. They resolved to hold their next annual meeting in the city of New York; after which the following officers were chosen for the ensuing year:— "¢ President—Brigadier General Z, T. Bentley, of Morrisville. = Vice-Presidents—Brigadier General Nelson Ran- dall, of Buffalo; Brigadier General A. T. Dunham, of Watervilet; Brigadier General Charles B. Spicer, of New York; Brigadier General J. T. Blanchard, of Saratoga Spa. Treasurer—Colonel H. 8. Fairchild, of Rochester. Corresponding Secretary—Colonel C. A. Seward, ' of Auburn. Recording Secretary—Col P. 8. Crook. They availed themselves of the opportunity, after adjourning, of calling on Governor Seymour. ‘Theatres and Exhibitions Bowsry Tuzarre.—A new version of “ Uncle Tom’s Cabin” is to be brought out on Monday even- ing at this house. The includes the names of T. D. Rice, W. R. Derr, Stevens, J. Dunn, Johnstoa, Miss G. Dawes, Mrs. Yeomans and many others. The ecenery is all new, music new, and the horses are to be introduced. ‘ Broapway TuearTes.--The “Cataract of the Ganges” is announced for Monday evening, with a popular farce. Although this piece is in its fourth week it seems as pepular as ever, Burron’s Tagatre.--The sterling comedy of “ Paul Pry” is to be given on Monday night, with Burton and Placide in the principal characters. The and Faces,” is also an- a strong bill. Namionas, Tufatas.--“ Hot Corn,” and “ Unele ‘Fom’s Cabin,” which continue to be Pini will be run through this week. The ‘‘Hot ”’ drama on Monday afternoon, and “Uncle Tom’s Cabin” in the evening, with the new scenery and the panorama. Watuack’s Tegatre.— The Bachelor of Arts,’ “ which has been quite suceessful, will be played again on Monday night with other favorite pieces. All the com appear in the evening’s performance. Bannvw’s Muszum—General Tom Thumb has concluded to remain another week. He will be glad to meet all his old and new friends at Barnum’s on Monday afternoon and evening. Tae Broapway Munacsarg, No. 337 Broadway, bide fair to become a permanent institution. It well managed, and the collection of animals is supe- rior to any ever before exhibited inthis country. It will be opened all day on Monday, and during the 1B sere a ‘ke Canrerr’s Mnrerasis-—Mr. Pat a Christy an- last new comedy, nounced. Altogether novel abd terening MuvsTrg.e.—These peers darkies have. several novelties on their Monday night's programme dances, Bew burlesquee--and all for